Archive for the ‘Law’ Category

21-50 to headquarters!

Wednesday, August 29th, 2012

Have you ever heard of the Texas Highway Patrol Association?

Did you know they had a museum in San Antonio? I did not. I might have gone down to see the museum, had I known it was there. But in retrospect, I’m kind of glad I didn’t make the trip: here are some photos of the museum from the Texas DPS website.

As you might have guessed from that link and the associated commentary (which I personally think is very unusual for Texas DPS), the THPA was one of those charities that does telemarketing calls, collects your money, and does very little to benefit anyone but the company that makes the calls.

In particular, the organization apparently promised to pay a $10,000 “death benefit” to families of troopers killed in the line of duty. The organization never paid, the families sued, and…

As part of a 39-page agreement, property belonging to the Texas Highway Patrol Association in Austin and a museum it operates in San Antonio will be liquidated…

Interestingly, the museum was founded by a former state legislator from Waco, Lane Denton. (Waco is also the home of the Texas Rangers Museum, which is actually well worth the drive from Austin to visit.)

In 1995, Denton was found guilty of theft and misapplying money belonging to a different organization, the Texas Department of Public Safety Officers Association, and sentenced to six years of probation.

And:

The lawsuit said state investigators found that few survivors received any financial assistance and that money from a scholarship fund went to children of board members. The suit also said officials used up to $10,000 in donations a day to buy tickets to amusement parks and movie theaters and to pay for airfare across the United States.

(Subject line hattip. I loved that show when I was a kid. No, I’m not that old: one of the local UHF stations showed syndicated reruns.)

Edited to add: In case you were wondering, here’s a Google Maps street view of the THPA headquarters. Note that this isn’t the large building on North Lamar, across from Texas DPS and right next to Dan’s Hamburgers, but another building.

Playing dice with the MSM, August 29, 2012.

Wednesday, August 29th, 2012

We haven’t had a good Bell update in a while, but now the drought is broken.

Eric Eggena used to work for the city of Bell. He was the city prosecutor, director of general services, and was in charge of code enforcement.

While Eggena was in charge of code enforcement, the city collected tens of thousands of dollars from business owners and scavengers cited for violating city laws. The Times found Bell officials created official-looking documents and told violators that they had to pay the city. The vast majority of these cases never were filed with the court, as they were supposed to be.

Mr. Eggena was fired after the fecal matter hit the rotating blades of the impeller in Bell. He has not been charged with any crimes, and is not currently under indictment.

Mr. Eggena is now suing the city of Bell for $837,000, “including compensation for 329 unused sick and vacation days.”

When Eggena went to work for Bell in 2002 he earned $90,000 a year, but his salary nearly tripled over the next eight years, his total compensation swelling to $421,000 annually, putting him in the top tier of city officials nationwide.

But wait! There’s more!

In addition to his salary, the city paid the employee portion of Eggena’s Medicare and Social Security deductions, and he accumulated double sick and vacation time, according to his contracts.

And because we can’t mention Bell without mentioning Robert “Ratso” Rizzo:

The Times also found that Eggena and Rizzo were involved in a deal in which the city bought a piece of land for more than double its assessed value as part of an unusual redevelopment deal that required the seller to donate $425,000 back to the city — a sum that cannot be accounted for.

Today’s NYT has a nice tribute to the late DeAndre McCullough. (Previously.) The paper did run an obit several days after his passing, but this is more of a retrospective piece about DeAndre’s life and struggles.

This, along with some things Weer’d has said, and my reading of Bill James’ Popular Crime: Reflections on the Celebration of Violence, has got me thinking. If I have time this weekend, I’m hoping to do a longer, more thoughtful post tying these things together.

Into the looking glass again.

Tuesday, August 28th, 2012

There’s a strange and noteworthy story in today’s LAT. Brian C. Mulligan is a high-ranking executive with Deutsche Bank (“a managing director and vice chairman”). Mr. Mulligan is also pursuing a $50 million damage claim against the city of Los Angeles.

According to Mr. Mulligan, he went to purchase “medical marijuana products” at a local dispensary on the night of May 15th. (Mr. Mulligan says they “help him sleep”. I was unaware that insomnia was a condition that you could prescribe marijuana for, but in retrospect I shouldn’t be surprised.)

Mr. Mulligan goes on to claim that law enforcement officers detained him, “walked him to a run-down apartment complex and told him to go to the fourth floor”. According to Mr. Mulligan, he panicked and fled from the police in the direction of Occidental College, which was nearby.

According to the LAPD, two officers responded to a report of a strange man trying to break into cars at a local Jack in the Box. While responding to that report, a second similar report came in. The two officers found Mr. Mulligan near Occidental. Their report says he matched the description of the man trying to break into the cars, he was “drenched in sweat and walked with an ‘unsteady gait'”, but he passed field sobriety tests.

The LAPD report goes on to state that Mr. Mulligan told the responding officers he had used both marijuana and “white lightning”, which the LAT claims is another name for “bath salts”. “He said he hadn’t slept in four days, was going through a divorce and felt depressed, the report said. Mulligan also said he was being chased, according to the report, which nonetheless described him as calm, lucid and cooperative.” Mr. Mulligan denies telling the LAPD officers any of this.

The officers drove Mulligan to his Toyota Prius, which they searched; Mulligan’s attorney said he had not given them permission.

Search incident to arrest?

They found his Irish passport and enough cash that they called in a supervisor, said the report, which did not specify an amount.

That seems odd. If I find enough cash to get a supervisor involved, I’m darn sure noting the exact amount (and counting at least twice) on my report.

Mulligan’s claim pegged the cash at about $5,000, a sum he said he normally carried for business travel. Then police took Mulligan — whose cellphone and passport remained in his car, his attorneys said — to the nearby Highland Park Motel, a low-rent building across from homes with barred windows.

That also seems odd. If they felt he couldn’t drive or otherwise take care of himself, shouldn’t they have taken him into formal supervised custody? Doesn’t dropping him at a “low-rent” motel set you up for exactly this kind of problem?

(The LAPD report claims Mulligan asked to be dropped off there. Mulligan denies this, and says “he was taken there against his will and told ‘he could not leave, under threat of death.'”)

At the front desk, Flanagan said, the officers took away Mulligan’s car keys and forced him to pay the roughly $40 room bill. They also gave him back the cash they’d found in his car, said another Mulligan attorney, Valerie Wass.

Since everyone seems to agree that Mulligan was dropped at the motel, I’m not exactly shocked they made him pay the bill up front. I’m not saying dropping him there was a good idea in the first place, but if they did drop him there, someone’s got to pay for the room…

…one officer escorted Mulligan to Room 208, which he said did not have a telephone. He eventually cajoled a clerk into returning his keys, his attorney said, and ran away from the motel. This week, a motel employee said he could not recall the incident.

I kind of think I’d remember something like this, if I were a clerk. Then again, I wonder if anyone actually talked to the clerk who worked that night (the LAT doesn’t specify that), or if that clerk is even still working at the motel.

In any case, the same two officers encountered Mr. Mulligan later on that night (actually, around 1 AM the following morning). Mr. Mulligan was allegedly “trying to open the passenger-side door of an occupied silver van”. The van drove off, the officers told Mr. Mulligan to get off the sidewalk, Mr. Mulligan cursed at them, and apparently ran off. (That’s the LAPD’s account: Mr. Mulligan’s lawyers apparently dispute that he was trying to open the van door, or that he cursed at the police.)

The officers soon gave chase, the report said. “At that point,” Mulligan’s claim said, “he was in such great fear that he believed the LAPD officers were not truly LAPD officers but may be impostors bent on robbing or killing.”

So he didn’t recognize these officers as the same ones who took him to the motel earlier? Or he did, but he thought the ones who took him to the motel were imposters? Do you often go to “low-rent” motels with people posing as police officers? What was the point of checking him in and making him pay the bill if they were imposters planning on “robbing and killing” him?

Anyway, the LAPD chased Mulligan down. They claim he went into a fighting stance and charged the officers, who took him down and arrested him. Mulligan’s attorney, of course, denies that his client charged the officers. And:

No charges have been filed against Mulligan, though a spokesman for the city attorney’s office, which handles misdemeanor crimes, said the incident was under review.

I’m not sure what to make of this, as I have a lot of trouble believing that either side is telling the whole truth about what went on that night. There doesn’t seem to be any dispute about the whole “checked him into the ‘low-rent’ motel” part of the story, though, and that strikes me as being a big deviation from what I’d expect to be proper procedure. Was the LAPD trying to cut a rich white guy a break? Or…?

Hondo Harrelson, call your office, please.

Monday, August 27th, 2012

The Los Angeles Police Department is investigating whether members of its elite SWAT unit took advantage of their assignments to purchase large numbers of specially-made handguns and resell the weapons for steep profits, according to a report released Friday by the independent watchdog overseeing the department.

The LAT suggests that this “could be a violation of federal firearm laws and city ethics regulations”. I am unfamiliar with ethics regulations in LA, so I will refrain from comment on that. I am not sure what federal firearm laws would have been violated, since private sales between individuals are not illegal under federal law. (They may be under California law; I am also not an expert on California gun laws.) The LAT is also apparently unclear on what regulations and federal firearms laws were violated:

Regardless of whether the LAPD has a policy governing gun sales by officers, [Inspector General Alex] Bustamante noted that “the purchase of firearms with the intent to immediately transfer the weapon to a third party may violate city ethics regulations and federal firearm laws.” The report did not specify which regulations and laws may have been violated.

But getting back to the story, this isn’t the first go-around at this particular rodeo.

Suspicion about the guns first arose in 2010, when the commanding officer of the LAPD’s Metropolitan Division, which includes SWAT, ordered an inventory of the division’s firearms, the report said. The officer responsible for conducting the count discovered that SWAT members had purchased between 51 and 324 pistols from the gun manufacturer Kimber and were “possibly reselling them to third parties for large profits,” according to the report.

“between 51 and 324”? Could you be a little more vague in your count? In any case, LAPD SWAT, according to the LAT, only had about 60 members.

Kimber sold the guns, which bore a special “LAPD SWAT” insignia, to members of the unit for about $600 each — a steep discount from their resale value of between $1,600 and $3,500, the report said. The unique SWAT gun branding was first made several years earlier, when the department contracted with Kimber for a one-time purchase of 144 of the pistols.

$600? Daymn! I know Kimber’s had issues in the past few years, but you offer me one for $600, and I’ll be on that biatch like an anaconda on blood orchid serum.

(We watched that over the weekend. Two word review: annoyingly competent.)

(Also: “between $1,600 and $3,500”? That’s a $1,900 difference there, Sparky. If the comments in the LAT and Kimber’s website are to be believed, the pistol in question is the Custom TLE II, which has an MSRP of $1,054 without the LAPD SWAT markings.)

Neither the officer relieved of duty, the others suspected of being involved, nor the person who conducted the inventory were interviewed for the investigation, and no attempt was made to determine how many guns had been purchased from Kimber, Bustamante wrote. In the end, the department concluded that it had no policy governing such activity, and so closed its investigation, according to the inspector general report.

So that’s the first investigation, which the LAT makes sound half-assed. Bustamante’s investigation is the second one:

Because the initial investigation was so lacking, little is known about the gun sales. Bustamante’s report, which will be presented to the L.A. Police Commission on Tuesday, was based on the initial, substandard inquiry and so could not answer basic questions about the allegations, including how many officers were involved, the number of guns sold and when the sales were carried out. 

And:

The department’s poor job investigating the alleged SWAT gun sales was all the more notable, Bustamante wrote, because of the way it treated the officer who uncovered the gun purchases during the inventory. When one of the SWAT team members under suspicion accused him of improperly discussing the investigation with others, the department opened a separate inquiry into the claim, producing a 257-page report that dwarfed the 39-page file on the gun sales. The officer was suspended for five days.

Thugs. Pimps. Nazis. Ceridian Benefit Services.

Saturday, August 25th, 2012

My opinion is that Ceridian is not a “service,” it is a criminal enterprise run by thieves and engaged in systematic interstate mail and wire fraud. It is my opinion that Ceridian takes money from the recently unemployed, then, instead of passing the portion due onto the insurance company, takes that money and then fails to inform the insurance company.

Edited to add 8/26: Lawrence has pointed out to me that this is somewhat unfair. There are, more than likely, many pimps who are kind to their women, do not beat them unnecessarily, and in general do not deserve to be mentioned in the same breath as Ceridian Benefit Services. So noted, and my apologies to the pimps.

Random notes: August 24, 2012.

Friday, August 24th, 2012

I have some things I want to say on the Lance Armstrong front, but I also want to take some time and write a longer, more thoughtful post, rather than dashing something off first thing in the morning. I’ll try to have that up later today. In the meantime, for you out-of-towners, here’s the Statesman coverage.

In other news: gee, when you try to pass new laws that threaten someone’s business, they might possibly consider moving to a more friendly jurisdiction. Who’d thunk it? Apparently, not the NYT.

A while back, I noted the ongoing issues in Patton Village, what with the mayor trying to disband the police department while she was under indictment. It turns out that the mayor has some additional problems; she’s now been charged with “tampering with government records”. (Edited to add: now including linkage.)

The really odd thing is that this charge has nothing to do with using cop cars as loan collateral.  Back in 1979, the mayor pled guilty to charges that she plotted with a co-worker to rob a Jack in the Box she was managing. She got four years probation, but the conviction was on a felony charge. Texas law bars people convicted of a felony from running for elected office, and the mayor stated on the forms she filled out to run for mayor that she hadn’t been convicted of a felony. (She hasn’t been granted any kind of pardon/restoration of civil rights, as best as anyone can tell.)

Random roundup: August 22, 2012.

Wednesday, August 22nd, 2012

40 years ago today, John Wojtowicz and Salvatore Natuarale tried to hold up a Chase Manhattan bank branch in Brooklyn. I believe this is what that location looks like today:

View Larger Map

Wojtowicz and Natuarale botched the robbery, and ended up in a 14 hour long standoff with police. The NYT has a retrospective.

And why does this matter, other than it being kind of a big deal at the time? Well, the robbery inspired a Sidney Lumet film:

Obit watch: Victor Poor, an influential early chip designer for Intel.

Noted:

Mr. Poor retired in 1984 and pursued a passion for sailing. Looking for a way to communicate while he was at sea, he developed a wireless data communications system, initially called Aplink, for Amtor packet link, and later Winlink. The system was widely adopted by radio amateurs, the United States military, and state and local emergency preparedness teams. It was credited with being one of the few communications systems that worked in the wake of Hurricane Katrina.

Edited to add: Thanks to Borepatch for reminding us it is also the 20th anniversary of the shooting of Vicki Weaver at Ruby Ridge.

They tried to kill him with a coffee mug…

Tuesday, August 21st, 2012

Yeah, I’m stealing one from Weer’d and his “Gun Death?” files. I just like this one too much.

A high-ranking umpire on the U.S. professional tennis circuit arrested Tuesday in New York allegedly bludgeoned her 82-year-old husband to death with a coffee mug in Woodland Hills and then tried to make it look like he fell down the stairs, authorities said.

  1. Must have been some damn coffee mug. I have some pretty hefty ones, but not any that I’d try to bludgeon someone to death with.
  2. We must ban DEADLY ASSAULT COFFEE MUGS FOR THE CHILDREN!

The Butler’s Revenge.

Saturday, August 18th, 2012

I have written previously about the “dirty DUI” case, as the SFChron puts it. In brief, Christopher Butler and his PI agency were taking money from women involved in divorce/custody cases to set up their husbands on DUI charges.

One of the people who provided evidence against Butler and his cohorts (including former Contra Costa County Deputy Sheriff Stephen Tanabe) was a reserve officer named William Howard. Howard has been a reserve officer with the sheriff’s department for 19 years.

He was fired on Tuesday.

A department spokesman, Jimmy Lee, described Howard’s release as an internal matter and declined to discuss it.

Banana republicans watch: August 17, 2012.

Friday, August 17th, 2012

Haven’t had one of these in a while now. Let’s open up the bag and see what’s inside.

Caltrans, the state transportation agency, owns “hundreds of houses spanning a corridor through Pasadena, South Pasadena and Los Angeles”. These homes were purchased as part of a plan to extend the 710 freeway, and are supposed to be bulldozed when the extension is built. At this point, it looks like the extension is on indefinite hold.

So?

The agency has spent $22.5 million since 2008 to maintain the homes, but transportation officials are “unable to demonstrate that the repairs were necessary, reasonable or cost-effective,” according to the report by the California State Auditor, which was sparked by a Times investigation.

In one case, the agency spent $103,443 on a new roof. That leaked.

“Bees were also coming in,” Jones said. “It was like a plague.”
The shoddy work sparked a fight with state officials that eventually led to Jones’ eviction from the home he and his wife had lived in for about two decades.

But wait, there’s more!

The state is also losing $22 million per year because tenants, including 15 state employees, are paying far below market rates for rent. Other homes, some of which have been recognized as historical landmarks, have been boarded up and empty for years.

And more!

For one of those vacant houses, state officials recently estimated it should have cost $56,000 to repair a roof and replace the garage. But the cost soared to more than $184,000 after it was expended to include “miscellaneous interior repairs” — a coat of paint and upgrades to two bathrooms. “Caltrans could provide no evidence of the need for additional work,” the investigators said.

And even more: auditors traced the money to the Direct Construction Unit of the Department of General Services. The “Direct Construction Unit” apparently does the general repair work for state owned buildings. So basically, this was one branch of the state government taking money out of the pocket of the other branch. Which is fine; even if you’re just taking money from one pocket and putting it in another, you’ve got to account for it, right?

Except that the Direct Construction Unit was tacking on a 20% “management fee”. And they were hiring subcontractors “for minor chores as a kind of window dressing to ‘achieve the appearance’ of meeting goals to include small businesses in state work. ” It looks like the subcontractors may have known people inside the DCU: one particular subcontractor “repeatedly bought the exact items it would sell to the unit days before the jobs were put out to bid”.

And the punchline: this contractor was buying items at Home Depot and selling them to the DCU at an average markup of 35%.

And a by the way: “Four of the state employees found living in the houses worked for the Department of General Services.”

But, hey, LA isn’t the only city in California, right? Right. There’s also San Francisco. San Francisco has a sheriff, Ross Mirkarimi. Sheriff Mirkarimi has a domestic violence conviction on his record; based on my understanding of federal law, that bars him from possessing a firearm. Which is kind of a problem, if you’re the chief law enforcement officer of a major city.

Yesterday, the San Francisco Ethics Commission found, on a 4-1 vote, that Sheriff Mirkarimi had engaged in “official misconduct”.

Apparently, this doesn’t mean that he’s actually fired: the Board of Supervisors needs at least 9 out of 11 votes to terminate him.

Magnets. How do they work?

Friday, August 17th, 2012

The NYT got around to covering the “Buckyballs” story. I put “Buckyballs” in quotes because there are actually other manufacturers involved.

Daniel Peykar, co-founder of Magnicube, said his six-month-old company agreed to voluntarily stop selling its rare-earth magnets, at least temporarily, because it did not want to pay the legal fees associated with an administrative complaint.

And this is priceless:

“There were kind of three portions of the bowel that were stuck together by the Buckyballs,” said Ms. Lopez, who explained that her daughter required two operations and missed a month of school. “Knowing what my daughter went through, I don’t feel that Buckyballs serve any true purpose.”

Ms. Lopez’s child “swallowed four Buckyballs in March while pretending to have a pierced tongue”. Her daughter is 12.

Second chances?

Wednesday, August 15th, 2012

At age 69, Betty Smithey learned that sometimes you really do get a second chance.

She’s 69 years old, she’s been in prison for 49 years, she needs a cane to walk. Is anybody going to hire her? Who is going to pay her medical bills? What kind of “second chance” is this?

And the reason she was in prison for 49 years is that she strangled a 15-month-old baby. I don’t see anyone giving Sandy Gerberick a “second chance”.

Honestly, I’m not sure what justice would be in this case. Should Ms. Smithey have died in prison? Maybe. I want to believe that people deserve a shot at redemption, though. My problem is less with the commutation of her sentence and the granting of parole by Arizona authorities (which I suspect was motivated at least in part by not wanting to pay the medical bills of an old woman), and more with the LAT‘s hopelessly optimistic characterization of releasing a woman who has spent the past half-century in prison as giving her “a second chance”.

More things I did not know until now.

Wednesday, August 15th, 2012

In the mid 1990s, a man in Germany was caught with up to $11,000,000 in counterfeit Canadian Tire money. It was recovered before he left for Canada to redeem it. An Armenian man from the country of Georgia also had similar ideas about counterfeit scrip, and was caught with over 45 million in counterfeit coupons.

I have no joke here, I just like saying “Eleven million dollars in counterfeit Canadian Tire money.”

Random notes: August 15, 2012.

Wednesday, August 15th, 2012

I think today is going to be a day for food writing. I have a longer post planned about last night. But in the meantime, here are some random things for you to chew on.

The NYT has made several discoveries:

  1. There are places outside of Manhattan, and even outside of New York state, with exotic names like “Iowa”.
  2. People in those exotic places sometimes gather during the summer, in what are called “state fairs”.
  3. At those “state fairs” you can purchase food items on sticks.

(Quote from the slide show attached to the article: “The fascination with food on a stick is difficult to explain, but it usually means a 30 to 40 percent increase in sales.”)

(I would really like to know how well the vegetarian corn dogs are selling.)

Speaking of food, today would have been Julia Child’s 100th birthday. Expect festivities around the web, starting with the NYT.  I kind of like Julia Moskin’s “The Gifts She Gave” and Jacques Pépin’s “Memories of a Friend, Sidekick and Foil“.

(I note, with some bitterness, that our local PBS station is showing something called “Julia Childs [sic]  Memories: Bon Appetit” tonight. I say “some bitterness” because a) I expect this to not show any complete recipe preparations, from start to finish, and b) our local PBS station is in the middle of a pledge drive, so I expect constant “give us money” interruptions.)

Something I noticed over the weekend: the French Quarter Grille has opened a second location. In Round Rock. Specifically, in the old Gumbo’s location. Hmmmmm.

Obit watch for the record: Ron Palillo, “Horshack” on “Welcome Back, Kotter”.

The LAT has apparently discovered that used car dealers are…used car dealers.

From mid-2008 to this April, 862 licensed used-car dealers — about 1 in 8 statewide — sold at least one vehicle three or more times, The Times has found.

Lying liars who lie.

Tuesday, August 14th, 2012

Petros Bedi is doing a 42 1/2 year prison sentence. Twelve years ago, he was convicted of shooting a man in a nightclub.

The primary prosecution witness was a man named Seraphim Koumpouras, who agreed to testify after he was arrested on drug charges.

During Mr. Bedi’s trial, a defense lawyer blasted away at the credibility of this witness and tried to prove he had incentive to lie. Didn’t the Queens district attorney foot the hotel bill to put up you and your girlfriend for eight months? Weren’t you paid handsomely for your testimony?
No, the witness insisted. I paid my own bill. Nobody paid me anything.

This was a lie, and the prosecution knew it, because they were the ones who paid Mr. Koumpouras: they gave him $3,000 in cash, and paid $16,640 in hotel bills.

Noted:

…in 70 known cases of prosecutorial mistakes and misbehavior in Queens over about a decade, the district attorney, Richard A. Brown, has disciplined just one lawyer.